In re the Estate of Weintraub

S. Samuel Di Falco, S.

In this discovery proceeding the administrator petitions the court for a decree directing the respondent to deliver to the petitioner “ the property of the above named decedent in his possession, as more specifically set forth in the annexed stipulation”. It also prays that the respondent be directed to execute and deliver all of the instruments set forth in the stipulation. A question has been raised as to the jurisdiction of the court to entertain this discovery proceeding.

It is conceded that in 1957 the respondent (a son of the decedent) instituted a proceeding to…